Free
Free v. City of Seattle
Opinion
Lead Opinion
MEMORANDUM **
Appellant Robert Free appeals the district court’s orders denying his motion for class certification and granting summary judgment for Appellees the City of Seattle, Seattle Mayor Paul Schell, Seattle Chief of Police Norm Stamper, and John Does # 1 through # 22 regarding Free’s federal claims, under 42 U.S.C. § 1983 , and his state law negligence claim. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
Free’s response to Appellees’ summary judgment motion failed to establish either that a genuine issue of material fact existed as to whether Appellees violated his First Amendment, Fourth Amendment, Fourteenth Amendment, or state common law rights, or that a continuance would lead to discovery of such issue. 1 More particularly, Free failed to establish how the identity of John Doe police officers would create a genuine issue of material fact as to whether the officers’ use of tear gas, rubber bullets, and pepper spray was unreasonable under the circumstances.
We review de novo a district court’s grant of summary judgment. Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 898 (9th Cir.2006). A genuine issue of material fact exists “if the evidence is…